“It is one thing to persuade, another to command; one thing to press with arguments, another with penalties.”
John Locke, A Letter Concerning Toleration, 1689
the "Lukes's side" would probably easily argue that all the rules built into the protocol are a censorship of it's kind which is hard to contradict...
an example is not only the status quo (OP_RETURN limited to 83 bytes) but also the block size and heaps of others